IN THE HIGH COURT OF JUDICATURE AT BOMBAY
AMIT BORKAR
Suresh Agarwal – Appellant
Versus
Sudhir Agarwal – Respondent
JUDGMENT :
AMIT BORKAR, J.
1. All these petitions arise from the same set of facts and raise the same legal issues. It is therefore appropriate to decide them together by a single judgment.
2. These petitions question the order of the Cooperative Appellate Court dated 15 November 2025. The Appellate Court partly confirmed the order of the Cooperative Court and directed that the managing committee shall not convene any meeting or pass any resolution till the dispute is finally decided or fresh elections are held, whichever event occurs earlier.
3. The facts according to disputant may be stated as follows. Respondent No.1 filed Dispute No. 342 of 2024. He seeks a declaration that the managing committee elected for the term 2022 to 2027 of respondent No.11 society ceased to be validly constituted from 4 August 2024. This claim is based on the resignation of seven members on 4 August 2024. He seeks a further declaration that the strength of the managing committee must always be maintained at the sanctioned strength of 19 members. He also seeks a declaration that the strength must not fall below two third of 19 namely 13, at any point of time during the tenure. He submits that if the stren
A managing committee must have more than two thirds of its sanctioned strength as elected members throughout its term; failure to meet this threshold results in an invalid constitution.
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The amendment allowing nomination of women to co-operative committees is constitutional, reinforcing women's participation while affirming that election is not the exclusive method for committee form....
The validity of a co-operative society's election resolution is upheld despite procedural lapses, provided errors stem from external administrative mistakes.
Removal of a managing committee under Section 78A of the Maharashtra Cooperative Societies Act requires clear evidence of misconduct and proper procedural compliance.
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The court establishes that the removal of a co-opted member from a cooperative society must adhere to Rule 43-A, failing which any subsequent actions are void.
The court established that the timely conduct of elections for office bearers in cooperative societies is a legal obligation, not subject to arbitrary delays.
The resignation of committee members takes effect at the time of tendering the resignation, and the subsequent appointments must comply with the legal requirements. The failure to publish a notice as....
Proceedings for supersession of a committee under Section 32 of the KCS Act do not survive after the expiry of the term of the Managing Committee.
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